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Addendum
<br />FTA Contract Requirements
<br />The Salem Area Mass Transit District receives funding and other assistance from the Federal Transit
<br />Administration. As a result, certain obligations are imposed on third parties entering into contracts and
<br />agreements with the Salem Area Mass Transit District, and will be included in the definitive agreement
<br />between the party submitting the successful proposal in response to the RFP and the Owners. A current,
<br />but not all inclusive, list of statutory and regulatory requirements follows.
<br />1. In connection with the performance by Contractor of work or services within the scope of this
<br />Agreement, Contractor agrees to comply with the following requirements, and to include these
<br />requirements in all subcontracts~ of every tier:
<br />No Obligation by the Federal Government. -(1) The Recipientz and Contractor3 acknowledge and
<br />agree that, notwithstanding any concurrence by the Federal Government in or approval of the
<br />solicitation or award of the underlying contract, absent the express written consent by the Federal
<br />Government, the Federal Government is not a party to this contract and shall not be subject to any
<br />obligations or liabilities to the Recipient, Contractor, or any other party (whether or not a party to that
<br />contract) pertaining to any matter resulting from the underlying contract.
<br />Program Fraud and False or Fraudulent Statements or Related Acts.
<br />(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,
<br />as amended, 31 U.S.C. §§ 3801 et se~c . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49
<br />C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract,
<br />the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it
<br />may make, or causes to be made, pertaining to the underlying contract or the FI'A assisted project for
<br />which this contract work is being performed. In addition to other penalties that may be applicable, the
<br />Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
<br />claim, statement, submission, or certification, the Federal Government reserves the right to impose the
<br />penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
<br />Government deems appropriate.
<br />(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
<br />fraudulent claim, statement, submission, or certification to the Federal Government under a contract
<br />connected with a project that is financed in whole or in part with Federal assistance originally awarded
<br />by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the
<br />penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal
<br />Government deems appropriate.
<br />Incorporation of Federal Transit Administration (FTA) Terms - The provisions of this Addendum
<br />include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set
<br />forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in _
<br />FI'A Circular 4220.1D, dated April 15, 1996, as amended, are hereby incorporated by reference.
<br />Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in
<br />the event of a conflict with other provisions contained in this Agreement. The Contractor shall not
<br />perform any act, fail to perform any act, or refuse to comply with any Recipient requests which would
<br />cause Recipient to be in violation of the F'TA terms and conditions.
<br />' The term "subcontract" under this addendum is considered to refer to a person who agrees to provide any part of
<br />the labor or material requirements of the contract for goods or services between Contractor and Recipient. If the goods
<br />or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a
<br />"subcontractor."
<br />2 The term, "Recipient" shall mean the Salem Area Mass Transit District.
<br />3 The term, "Contractor" shall refer to a party under any agreement undertaking contractual obligations to or for
<br />the benefit of one or more other parties which includes the Salem Area Mass Transit District.
<br />Addendum, PI'A Contract Requirements
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